Wednesday, March 07, 2007 Dismiss Zamora now, Bing dared By Erwin Ambo S. Delilan
A DOSE of his own medicine?
Last week, City Legal Officer Allan Zamora told Representative Monico Puentevella to follow the law in the case of Happy Bingo at SM City.
This time, it was Puentevella's camp through Eric Tenerife, the solon's media liaison that is advising Zamora to also follow the law regarding the order of the Civil Service Commission (CSC) that invalidates Zamora's appointment as City Attorney for failure to meet residency requirement.
Tenerife also said Mayor Evelio Leonardia should not only follow the law but dismiss Zamora immediately.
Zamora, however, laughed on Tenerife's statement.
The CSC, explained Zamora, has no longer the jurisdiction over his case because it's already with the Court of Appeals.
And granting that the CA will also concur with the CSC's order, we still have the chance to appeal to the Supreme Court and it will still take a long process, Zamora said.
He also pointed out that his position is based on the mayor's confidence on him.
"Even if the court has ordered to dismiss me but as long as the mayor trusts me, then I will still remain as city legal officer. But if the mayor will ask me to get out of City Hall, then I have no choice but to follow the order," Zamora said.
Secretary to the City Council Nilo Alejandrino said the CSC's order was clear that Leonardia might be held liable for conduct prejudicial to the best interest of the service or neglect of duty or be cited for contempt in case he refuse to follow order.
In her 6-page resolution, CSC Chair Karina Constantino-David on Feb. 26, directed Leonardia to implement the decision within five days after receiving it.
CSC also stressed that even if Leonardia has filed a Petition for Review with the Court of Appeals, it will not stop the execution of the decision of the Commission unless the Court issues a temporary restraining order (TRO) or an injunction.
Zamora, however, said, "As far as I know, the mayor has still the privilege to file a motion for reconsideration on any of the order."
He also contended that the order of the CSC is not yet final and executory.
Questionable residency
On record the case stemmed from the complaint of Alejandrino against the questionable residency of Zamora in Bacolod.
According to Alejandrino, Zamora declared that he has a house in Kahirup Village, Barangay Singcang-Airport when in fact he is living in Taloc, Bago City.
It all started during the assumption of Zamora as CLO on July 1, 2004.
The CSC Negros Occidental Field Office and the CSC Western Visayas conducted an investigation and found out that Zamora is not a resident of Bacolod.
Both the CSC provincial and regional offices then recommended the invalidation of Zamora's appointment.
Their decisions were also concurred by CSC Manila on July 18, 2006. Leonardia, however, appealed the decision on August last year.
The mayor, however, appealed by CSC sustained its decision on Febuary 26, 2007.
Leonardia then elevated his appeal to the Court of Appeals where the case is still pending.
